Is the usurper liable to pay rent (usufruct fees) for the usurped property?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The usurper is liable to pay the equivalent of a fair rent (*ujrat mithl*) for the duration the property remained in his possession, regardless of whether he utilized the usufruct or allowed it to waste. This is the recognized position in the Madhhab, stated by Ahmad in the narration of Al-Athram, and held by Al-Shafi'i.
Supporting text
Abu Hanifa and the scholars supporting Malik's school hold that the usurper is not liable for the usufruct. This is supported by a narration from Ahmad indicating reservation about imposing rent. The evidence against imposing rent is the Hadith, 'The yield follows the guarantee' (*Al-khiraj bil-daman*), and the argument that he utilized the usufruct without a contract or semblance of ownership, similar to fornication with a consenting woman.